In 1998 over 3000 Caprivians fled to Botswana in fear for their lives during the wake of widespread persecution of all who were indeed or perceived to be supporters of Caprivi secessionist (Nationalist) movement, the United Democratic Party, and in Botswana, they were received and interviewed, and interviewed, and all qualified to be refugees there.
The president of the UDP and the traditional Chief of Mafwe people were later resettled and granted political asylum in Denmark.

Botswana, Namibia and UNHCR adopted voluntary repatriation so that those willing to return back to Caprivi may do so. The first group to repatriate returned in 1999 and through this approach over 2000 have been repatriated so far.

Since 1999, the Tripartite Committee, comprising of Botswana Government, Namibia Government and UNHCR have met the concerned refugee more than three times. At such meeting, the Commission persuaded them to return back to their home country, and refugees submitted petitions to the commission.

In a nutshell, the petitions were a repeated appeal for political dialogue between the Namibian Government and the UDP leadership over the Caprivi political dispute. This dispute is one where UDP leaders and its members say Caprivi Zipfel is NOT part of Namibia, and that the majority of Caprivian people want self-determination (and total independence from Namibia). The Namibian disputes these claims, and rejects dialogue nor referendum over it.

However, though Namibia is claiming to be peaceful, UDP, the political party to which all these refugees are members and supporters is currently banned by the Namibian government since 2006. There are mass graves in Caprivi where Caprivian killed by Namibia security forces were buried by such forces. There is evidence which suggests that some of those who repatriated between 1999 and 2005 were forced through torture to testify against over hundred Caprivi Treason suspects.

It is of importance to indicate that about 75 of these treason suspects are still in Namibian prisons since 1999 and are still suspects as their trial have not come to an end for 16 years. About 26 of them passed on while in prison.

Besides, since 2012, Caprivi Concerned Group (CCG) have also been calling for a peaceful settlement of the Caprivi dispute through dialogue or referendum but
leaders of this organisation (CCG) have been denied the right to peacefully protest and they been threatened of being arrested and charged with treason. This organisation recently submitted a petition to the Tripartite Commission in April 2015 to advice the commission on the risks of forcing refugees back home without any concession between the refugees and Namibian government. The organisation amplified the need for political dialogue before anything else because it fears that the violence which broke in 1999 or the persecutions which preceded it may repeat.

It has been reported that Botswana and Namibia have signed an agreement to revoke the refugees status of these refugees in Botswana and gave an ultimatum that by 31 December 2015 all these refugees should have been repatriated or risk deportation. You also need to be informed that among the treason suspects currently in Namibia prison, there are eight who were deported from Botswana and end up detention. The concern is that there seem to be an holy alliance among the tripartite commission members as they have chosen to set aside the interests and political opinions of the refugees. The commission is determined to forcefully repatriate them if International human rights organisations, individuals and peace loving nations will not step in. Among these refugees there are members of Caprivi Liberation Army (CLA) which launched an attack in Katima Mulilo in August 1999.

A million dollar questions are:

1. Have the refugees given up their political opinions or objectives, which is their right under international law?

2. Will the government of Namibia allow the refugees to exercise their political rights and freedoms without intimidation or even persecution?

3.Why is their political party still banned? Is there any guarantee that the ban will be lifted?

4. If not, why should refugees go back to a country where their human and political rights are limited and or restricted?

5. Why can’t Namibia prove to be positive, peaceful and democratic by conceding to calls for political dialogue? Besides, if Namibia ignores the refugees’ plea/opinion outside Namibia, will it ever listen to them when they will be in Namibia?

6. If violence or persecution reoccurs in the Caprivi after repatriation, will UNHCR and Botswana take responsibility?

Above all Mr Kgathi should be reminded that,!!

Note: Bilateral relations doesn’t mean trading people’s lives even when there are reasonable grounds for thinking that, if these refugees are returned forcefully, there is a likelihood that they may be prejudiced, punished or restricted in their personal liberty by reasons of their political opinions.

The gospel of saying “its only Mr Muyongo and a handful individuals who wants Caprivi’s independence”, holds no water, as it was evident in the recent trip (Go & See), Caprivians wants their land its only that they live in fear and are restricted day and night.

Attached are some of the petitions by the refugees and CCG on this subject. It is our opinion that the peace loving people/individual, Nations and NGOs intervenes as soon as possible. Somebody said, the evil triumph when good men do nothing.

We are looking forward in seeing the decision of revoking Caprivian refugees (referred to as Namibian refugees) status reversed .

http://www.caprivifreedom.com/news.i?cmd=view&nid=1242

http://www.caprivifreedom.com/news.i?cmd=view&nid=1244

Here under included is the link for the statutes of the Republic of South Africa 1968. http://blogs.loc.gov/law/files/2015/03/Self-Government-for-Natives-Act-of-1968-No.-54.pdf
For info: www.caprivifreedom.com

PEACE

Claassen John Kawana

Contact person: Caprivi Freedom Association under the
United Democratic Party (UDP)
Mobile: +46727369294

Re: Caprivians’ Plight and Right To Self Determination (Namibia’s Political Crisis)!

We recognize and highly honor your authority as the Secretary General or Chief Administrator of the United Nations (UN). We appreciate your visitto Namibia, a country in a political crisis.

We cannot overstate the relevance and significance of the date you are scheduled to visit Namibia (24 June) as it coincides with the date (24 June 1999), or say the 15th anniversary since, when then president of Namibia, Sam Nujoma signed a law (Act 10 of 1999) to annex Caprivi Strip to Namibia without consulting neither the people of Caprivi nor the UN.

However, we would also like to recognize and honor His Excellency Hifikepunye Pohamba, as the president of the Republic of Namibia, and Chairperson of the SADC Organ on Politics, Defence and Security. We value the authority and responsibilities vested in him through these respective capacities.

We further recognize and appreciate that Namibia is a UN member state, and that Namibia would not be an independent country today without the support of the UN during its liberation struggle era. We know very well that Namibia is also a signatory to a number of UN human rights conventions. We understand that being a UN member state, Namibia should always comply than defying UN principles.

Your Excellency, consider the fact that Namibia illegally occupied Caprivi Strip in 1990 and lamented this illegal occupation by Act 10 of 1999 a year after the Caprivians (people of Caprivi Strip) had already disputed the Namibian government’s jurisdiction over Caprivi Strip and many had fled to exile.

In 1998, around 3000 Caprivians fled to Botswana in fear of political persecution and to advance their political belief – that Caprivi should be an independent country. Currently there are just above 1000 of them in Botswana, Sweden, USA, Denmark, and elsewhere. Some were abducted by the Namibian government to face treason charges and others opted for voluntary repatriation yet hundreds have died in exile. The majority of these refugees are in Botswana, a Namibian neighbor and friend. Botswana has already indicated that it is no longer willing to keep these refugees and threatened to revoke their refugee status by December this year (2014).

However, concerned (remaining) refugees have indicated to Botswana and Namibian government that they are willing to come back home only if Namibia accept to have a political dialogue with the leadership of United Democratic Party (UDP) to find a political solution to the Caprivi political dispute.

It is inspiringto note that the leadership of UDP has already indicated readiness to sit around a table for a political dialogue with the Namibian government to determine the political freedom and independence of Caprivians. It is unfortunate, however, that Namibia which is a UN member state have ignored and/or rejected this peaceful initiative, leaving both Botswana and concerned refugees (and UDP) in limbo – a crisis indeed.

On the other hand, about 400 Caprivians were arrested in 1999 of which some were killed, others were tortured and attained permanent injuries or disabilities, and some were released after two weeks without criminal charges, and only 123 were charged with high treason.

Families of those who were killed do not know where they were buried. It has recently come to public knowledge that they were buried in a mass grave. Those who executed (killed) and tortured these suspects have not been reprimanded by the Namibian state. The state witnesses, who were probably “suspect-cum-witness” or close family member were brutally tortured to testify or sign for false testimonies.

The trial of those who were charged took four years to begin (1999 to 2003), and have taken 11 years since commencement. This trial continues up to now while the suspects have been in maximum security prison for 15 years already. The judicial system of Namibia, particularly Windhoek high court is in an awkward situation – by prosecuting victims (of torture and political subjugation) even beyond reasonable time. This is no doubt another crisis indeed.

On the 6th of February 2013 we (Caprivi Concerned Group) submitted a petition to the UN resident Coordinator in Namibia, Mr. Bandora Musinga, calling for UN intervention in the Caprivi political dispute but unfortunately Mr. Musinga did not give us any response.

Nonetheless, Caprivians in prison, exile and home are the most excitedpeople in Africa regarding your 24 June visit to Namibia.Your visit will be meaningless to the territory and people of Caprivi Strip if the following DEMANDS will not be on your agenda in your consultations and discussions, or resolutions thereof, with the Namibian president who is also the Chairperson of SADC Organ on Politics, Defence and Security:

Unconditional release of seventy-five (75) Caprivi high treason prisoners (suspects) who have been detained and tried for nearly fifteen (15) years now and their trial is still ongoing while twenty-six (26) othersmysteriously died in prison since 1999.

Recommending and/or endorsing the right of Caprivians to self-determination and total independence in accordance with Purposes and Principles of the UN Charter (1945), UN General Assembly resolution 1514 (XV) of 1960 and the UN Friendly Relations Declaration of 1970.

That is our prayer and we believe that it is not beyond your mandate, capacity and compassionate discretion. Caprivians cannot by themselves realize their right to self – determination and total independence without UN support. We will be grateful if you will consider it instantly.

GRANT CAPRIVIANS THEIR POLITICAL FREEDOM AND INDEPENDENCE INSTEAD OFFORCED REPATRIATION

Attention:

UNHCR Botswana

UNHCR Namibia

Minister of Foreign Affairs, Botswana

Minister of Foreign Affairs, Namibia

Caprivi Concerned Group (CCG) has learnt that Government of Namibia is tirelessly trying to entice the government of Botswana and the United Nations (UN) to forcefully repatriate Caprivians by all means possible.

We understand the hardship which Caprivi refugees have gone through since 1998 and we are aware that hundreds of them have passed on and buried in foreign lands. It is a fact that their hardships in Botswana are also experienced by other refugees and non-refugees in Caprivi and Namibia, for example. Not all their problems are natural or universal but some of them are administrative problems – which include unemployment, denied or delayed health care, poor sanitation and restrictions on freedom of movement and others.

We are also aware that some of these refugees have been repatriated from as early as 1999 due to personal or family problems back home but most of them have been subjected to torture, imprisonment and some were forced to testify against their own brothers in Caprivi high treason trial.

On our part, like other independent civil or rights organizations, we have been calling for a political solution to the Caprivi political dispute, a dispute in which Caprivians argue that Namibia is forcefully governing them. However, GRN have constantly rejected compromise solutions such as political dialogue and a referendum over this dispute.

Besides, there are a few factsamongst others, which Botswana, UNHCR and Namibia should have known better and therefore acknowledge as follows:

1. That Namibia is illegally governing Caprivi Strip and her people.

2. That all Caprivi refugees in Dukwi or elsewhere followed their political and traditional leaders as members of a political organization, the United Democratic Party (UDP) and the Mafwe tribe.

3. And that both this political party’s leadership and its followers went into exile fearing political persecution and to seek peaceful means to liberate Caprivians from the Namibian brute and foreign government.

4. That in both cases above, it is ONLY the leadership of UDP which must be engaged directly by UN, Botswana or Namibia on any issue regarding its members or followers who are referred to as refugees.

5. That the family members and political cadres of these concerned Caprivian refugees in Botswana or elsewhere whom GRN wants to repatriate are in Namibian prisons for their political opinion while others are currently in mass graves.

6. And that this political party (the UDP) to which they (Caprivi refugees) all belong to was banned in Namibia by the same Namibian government in September 2006.

7. That the laws of Namibia were only extended by Act of Parliament (Act 10 of 1999) in Namibia to apply in Caprivi Strip in June 1999, a year after the Caprivi political leadership had already disputed the Namibian government over Caprivi and fled to exile.

8. That concerned Caprivi refugees and many Caprivians at home, even in the high treason trial have publicly dispute the authority of Namibia over them, refer to the 28 November 2011 submission by Caprivian community in Dukwi and recent court records from the main Caprivi treason trial.

9. That there is a mass grave of seven Caprivians in Katima Mulilo, who were executed by the same Namibian government in 1999, and that CCG has clues of where it is exactly found.

10. That there are more than twenty four (24) Caprivi political prisoners who died in Namibian prisons due to negligence, unhealthy environment and food, and poison by state agents.

11. That Caprivi Strip is the poorest territory administered by Namibia with high poverty, unemployment and HIV prevalence, the National Planning of Namibia can attest to this.

12. That Capriviansdo not have the right to peacefully protest on issues regarding the Caprivi political detainees and dispute, reference to Caprivi Concerned Group which was totally denied to peacefully demonstrate calling for a political solution in 2012 and 2013.

Given this background, it is up to the government of Botswana and the UNHCR (acting on behalf of the United Nations) to collaborate with Namibia in its political war and international crimes against the Caprivian nation, where political intolerance, subjugation, war crimes, torture and political detentions are imminent.

We have known the good character of the Botswana government in political issues within Southern Africa and we haven’t realized its bad character thus far. We live to see if Botswana will conform to Namibia’s ill political character or not.

We suggest that Botswana, Namibia, and UNHCR or UN should uphold, protect and ensure the political rights of Caprivians, which is the right to self-determination, and therefore grant them the freedom and independence they desire and deserve.

We knocked politely, with perseverance and faith but Namibia continue to reject our suggestions for a political solution to the Caprivi political dispute.

We cannot believe that our parents and brothers remain incarcerated for 14 years as suspects in what is supposed to be a democratic state. In our view, justice delayed is not and will never be justice at all.

Now that we know and understand the Caprivi political dispute together with our internationally recognized rights much better, we are ready to take any route we find best to solve our political problem.

In February this year we petitioned the United Nations resident Coordinator in Namibia, Mr. Bandora Musinga but he also chose eternal silence.

We know and understand the founding purpose and principles of the UN, and we charge that Mr. Musinga has slipped and fell on such principles in the manner he handled our petition.

We can no longer continue to be beggars of rights, justice or freedom. We are not vegetables which submit to any extreme weather.

We are human beings and we know what is best for us. We also have the capacity and right to determine our political future at any stage. We are not going to accept the apartheid style of using security and judicial arms to suppress our people.

Therefore, heaven and earth be witness today, as we appeal to the Namibian government for the last time to unconditionally release all Caprivi political prisoners and open all doors for political dialogue with the United Democratic Party (UDP) within 15 days from today, 03 Oct. 2013.

Failure to do so,

Caprivi Concerned Group (CCG) – Leadership.

a) We shall turn our back against Namibia and openly support the peaceful movement, particularly the UDP, to liberate Caprivi Strip from Namibia’s illegal occupation.

b) We shall support the peaceful establishment of the sovereignty of Caprivi to protect the internationally defined territory of Caprivi Strip without reservations.

c) We shall inform the world that Namibia is governing the people and territory of Caprivi at gun point, and we shall approach courts to challenge the jurisdiction of Namibia over Caprivi Strip as soon as possible.

d) We shall look for international protection, recognition and support for Caprivians’ right to self-determination and complete freedom from Namibia.

e) We shall freely, publicly and frequently express our support for an independent sovereignty and territory of Caprivi Strip.

f) We shall expose all human rights abuse committed upon Caprivians by SWAPO prior Namibia independence and subsequently by the Namibian government since 1990.

We know our rights and the history of our mother-land, Caprivi Strip. This is our final communication to Namibia in this regard.

Firstly, we would like to acknowledge the release of forty-three (43) Caprivi political prisoners on Monday, 11 February 2013 after thirteen (13) and half years of unlawful political detention and malicious prosecution by the Namibian government. We believe that it should have happened about seven to ten years ago.

Some say late is better than never but we believe in justice delayed is justice denied. We cannot believe that the trial is still allowed to continue or adjourned despite the length of the trial and numerous irregularities such as abstracting information by force and issues of the photo album which used to be shown to state witnesses for them to positively identify the accused.

However, at this juncture we hope that Government of Namibia will take full responsibility of the damages suffered by all the acquitted, and even consider reinstating those who were working back to their jobs as soon as possible. It should also consider compensating the families whose fathers, sons and husbands died in high treason detention for social and economic restoration.

As for now, we would like to inform the nation that we have finally submitted our petition (dated 04 February 2013) formally to various local and international institutions in Windhoek, Namibia, which includes the office of the United Nations, Namrights, and nearly all foreign embassies and consulates. We also sent it to the Executive Secretary of SADC, Dr. Tomaz Augusto Salamao, and preparations to send it to the African Union are in place.

In our guest to get legal advice and assistance against the Inspector General of Nampol’s ban of the peaceful demonstrations which we requested at least twice, we finally approached the office of the Ombudsman, Adv. John Walters where an investigator promised that he will forward our complaint to the Ombudsman who may decide on whether to investigate the complaint or not.

To this time, we still call upon the President (through his Government) of the Republic of Namibia to unconditionally release all Caprivi political prisoners, and to enter into dialogue with the leadership of the United Democratic Party over the Caprivi political dispute.

In conclusion we would like to express our thanks to Namibia’s leading human rights organization led by Phil ya Nangoloh. Thank you for continuously advising and supporting us in our call for peace, freedom and justice for all.

TO:
1. THE PRESIDENT OF THE REPUBLIC OF NAMIBIA
2. THE UN RESIDENT COORDINATOR IN NAMIBIA
3. FORMER ADMINISTRATORS OF CAPRIVI STRIP
Barotse Royal Establishment
British Government
Federal Government of German
Government of the Republic of South Africa
4. AU COMMISSIONER FOR POLITICAL AFFAIRS (South Africa)
5. EXECUTIVE SECRETARY OF SADC (Botswana)
6. ALL INTERNATIONAL DIPLOMATIC MISSIONS IN NAMIBIA
7. ALL LOCAL AND INTERNATIONAL HUMAN RIGHTS ORGANISATIONS
8. ALL CAPRIVIAN REFUGEE HOST COUNTRIES

FROM: CAPRIVI CONCERNED GROUP

DATE: 04 February 2013

SUBJECT: POLITICAL SOLUTION OVER THE CAPRIVI POLITICAL DISPUTE

1. INSPIRED by the wishes and aspirations of Caprivian people for peace and unity, justice and equality, including the inherent dignity and inalienable rights provided to all members of the human kind after a wide grass root consultation;

2. NOTING the United Nations Universal Declaration of Human Rights (1948), the International Covenant on Civil and Political Rights (1976) and the International Covenant on Economic, Social and Cultural Rights (1976), the African Charter on Human and People’s Rights (1986), SADC Protocol on Politics, Defence and Security Co-operation [Article 11( b)], and the Namibian constitution (Chapter 3);

3. CONCURRING with Amnesty International (AI) human rights report on Namibia (August 2003) which stated that seventy-five (75) percent of Caprivi High Treason suspects are political prisoners;

4. UNDERSTANDING that human rights, the rule of law and democracy are interlinked and mutually reinforcing and that they belong to the universal and indivisible core values and principles of the United Nations and of any democratic country;

5. BELIEVING that Caprivi High Treason trial should be a political trial and that it has exceeded a reasonable trial length which hence require a round table negotiation and unconditional release of all Caprivi high treason prisoners;

6. ACKNOWLEDGING and appreciating Namibia’s leading human rights organization, the former National Society for Human Rights (now Namrights) call for a political solution to the Caprivi conflict (February 21, 2005) where it stated that it believes “that a negotiated settlement is not only cost-effective, but also stands the best chance of bringing about restorative justice and hence, a durable resolution of the Caprivi dispute.”

7. CONSIDERING the assertive conclusion of the November 28, 2011 submission by the Caprivian community in Botswana to the Government of Botswana, Namibia, and
UNHCR- Botswana that “In the interest of peace, Caprivian people shall continue to seek and appeal for an amicable approach to their political issue. The road to freedom is not easy but we are determined and courageous to face any challenges.”

8. AWARE that during the Second Berlin Conference Caprivi Strip became a Germany possession after the British exchanged it for the islands of Heligoland and Zanzibar through the Heligoland-Zanzibar Treaty (1890). Germany was stripped of its colonial possessions (including Caprivi Strip) as stated in the Treaty of Versailles (1919). In 1920, South West Africa (now Namibia) was placed under the mandate of the League of Nations, while the Strip remained under South Africa as a separate entity.

9. HAVING RECENTLY learnt that proclamation No. 147 of 1939 (South Africa) which transferred the administration of Caprivi Strip to the department of Native Affairs has never been repealed by the Namibian parliament.

10. KNOWING THAT in 1963 a petition was sent to the United Nations, signed by two Caprivian chiefs, Chief Simataa Mamili and Maiba Liswani, to seek the independence of Caprivi Strip.

11. ACKNOWLEDGING the fact that in October 1964, then Zambian Prime Minister Kenneth Kaunda and His Royal Highness Litunga (i.e. King) of Barotseland, Sir Mwanawina Lewanika, signed an agreement incorporating the autonomous Barotseland Kingdom into Zambia without the Caprivi Strip;

12. AWARE that in the same year (1964), on November 5, a significant political merger agreement was signed between South West Africa People’s Organization (SWAPO) and Caprivi African National Union (CANU) to fight a common enemy, the South African regime that was illegally occupying the two countries, South West Africa and Caprivi Strip;

13. AWARE THAT Section 38(5) of the South-West Africa Constitution Act, 1968 (Act No.39 of 1968) provided that no Act of the Parliament of the Republic of South Africa and no Ordinance of the Legislative Assembly of the Territory of South-West Africa passed on or after the first day of November 1951 would apply in that part of the said Territory that was demarcated and known as the Eastern Caprivi Zipfel, unless it was expressly declared so to apply. And that in 1972, Caprivi had its own Legislative Council, national anthem, emblem and flag;

14. KNOWING that certain laws specific to South West Africa and subsequently Namibia were not applicable to Caprivi Strip as per Act No. 39 of 1968 until the Application of Laws to the Eastern Caprivi Zipfel Act 1999 (Act 10 of 1999) was promulgated only on June 24, 1999, extending the laws of Namibia to the Strip, without the consent of the Caprivian population;

15. INSPIRED by the selfless contribution of Caprivians such as Brendan Simbwae who mysteriously died in the hands of South African forces, Mishake Muyongo who is now exiled in Denmark, Induna Masida who was roasted over an open fire while his subjects were observing in horror, Judea Lyaboloma whose corpse after being killed by South African forces was displayed at his village for public view as a warning, and many fallen Caprivian PLAN fighters, to the liberation struggle of Namibia;

16. RECALLING human rights violations committed by the Namibian government on Caprivians which included “mass arbitrary arrests and detentions, summary executions, torture, enforced disappearances and prolonged detention without trial.” as admitted in 1999 by then Namibia Defence Minister, Erkki Nghimtina in saying ‘definitely we made some mistakes regarding human rights abuses’

17. REMINDED of the history of arbitrary detentions of Caprivian by SWAPO in 1965 in Tanzania which began with the detention of George Mutwa and Alfred Tongo Nalishuwa at Kongwa for complaining that the Caprivians were being discriminated against by SWAPO.

18. AWARE that Mishake Muyongo was detained several times by Zambian Authorities instructed by SWAPO from 1965 to 1985 for listening to the complaints, wishes and political aspirations of his fellow Caprivians and was on many occasions released through negotiations between SWAPO, CANU leadership and Zambian government.

19. TAKING INTO ACOUNT the confession of Namrights Director, Phil ya Nangoloh on the 13th of September 2010 that “Since charity begins at home, I have several confessions to make. Having been myself a junior PLAN officer in the reconnaissance detachment between 1974 and 1975, I know that atrocities (such as torture, execution and enforced disappearances) have been committed against, among others, Caprivi African National Union (CANU) followers. I have personally never taken part, whatsoever, in those atrocities. Nevertheless, I sincerely and unequivocally apologize for having been unable to publicly speak out against such wrongs for fear for my own life.”

20. SURPRISED to learn through media reports that this political dispute is falsely used by some Namibians, not Caprivians, to seek asylum in Canada and other western countries for economic reasons to an extent that some even claim to be (or have been) members of the Caprivi Liberation Army (CLA);

21. APPREACIATING the closure of the state’s case in the main Caprivi high treason trial despite the unreasonable length of more than eight years, and though legal experts still anticipate that it is far from over and the former Army General Martin Shali in the past two weeks said that it will take another 13 years to find the high treason suspects guilty.

22. DEEPLY concerned about the negative psychological, socio-economic effects of the current political status quo in Namibia, particularly on the concerned Caprivian population whose families are separated by exile, high treason (political) detention and mysterious deaths, all because of the Caprivi political dispute;

23. BELIEVING THAT justice delayed is justice denied; that a trial shall take place within a reasonable time, failing which the accused shall be released; and that the dignity of all persons shall be inviolable. That in any judicial proceedings respect for human dignity shall be guaranteed and that no persons shall be subject to torture or to cruel, inhuman or degrading treatment or punishment;

24. NOTING poor infrastructural development in Caprivi, the unresolved Okavango-Caprivi border dispute, high prevalence levels of poverty related diseases such as tuberculosis and HIV/AIDS. Considering social indicators of poverty and inequality such as tribalism, while Namibia is classified as middle – income country and Caprivi being a potential food basket for the rest of Namibia and SADC.

25. AWARE and CONVINCED that Caprivi high treason cases and the political dispute can be peacefully settled politically through dialogue and referendum if the Namibian political leadership really want to settle the dispute permanently;

26. DETERMINED to defend all inherent human rights so that all human beings remain equal and free in dignity and in rights despite the kind of political belief they hold, so that Caprivians can also pursue the fullest measure of their political thoughts and beliefs without fear, so that everyone is able to ask political questions, and to be provided with convincing political answers without fear, favor or prejudice;

27. HAVING been twice denied the right to assemble peacefully to formally petition relevant authorities on the Caprivi political dispute by the Chief of NAMPOL, in April and December 2012;

28. HAVING ALREADY resolved in April 2012, and therefore determined to peacefully seek an amicable political solution to the Caprivi high treason cases and the Caprivi political dispute, as much as a dying person needs life;

29. ACKNOWLEDGING the Namibian Prime Minister’s response to our demands in May 2012 who said that Mishake Muyongo should first denounce secession before Government of Namibia can enter into dialogue with him, and that the president cannot interfere with an ongoing trial, though such response lacked clarity of what subject Government of Namibia would hold dialogue with Mr. Muyongo if not about the Caprivi political dispute;

30. UNDERSTANDING THAT the UDP leadership recognizes Namibia (former South West Africa) as a sovereign State, that it is ready for negotiations, and that it defines the case of Caprivi political dispute as a matter of forced occupation of Caprivi Strip by the Namibian government;

31. IMPRESSED THAT Namibia ratified or acceded to the International covenant on civil and political rights (ICCPR) on 28 February 1995, and the African Charter on Human and People’s Rights on 30 July 1992;

32. HAVING SHARED OUR CONCERNS WITH all traditional authorities in Caprivi, the Caprivi Pastors’ Forum, leaderships of various political parties in Caprivi, including the SWAPO regional executive committee of Caprivi, revived Caprivi African National Union (CANU), Caprivi regional youth forum and several other independent organizations and individuals of significance;

33. WITH A CLEAR CONSCIOUSNESS, with all strengths and weaknesses, for life and death, before heaven and earth, we hereby demand:

a) The President (through his Government) of the Republic of Namibia to unconditionally release all Caprivi political prisoners, and

b) To find a political solution on all Caprivi high treason cases and the Caprivi political dispute through dialogue with the leadership of the United Democratic Party, and through a referendum.

c) Former administrators of Caprivi Strip, the United Nations, AU Commissioner for Political Affairs, Executive Secretary of SADC, the international diplomatic community in Namibia, religious and human rights organizations to publicly persuade the Government of Namibia to enter into political dialogue with UDP leadership over the Caprivi high treason cases and the Caprivi political dispute.

(This story is from the Namibian newspaper of Friday, January 18 2013, by Catherine Sasman.)

THREE months after submitting to the Namibian police a notice of intention to stage a demonstration in Katima Mulilo, the Caprivi Concerned Group say they are still waiting for a reply from the police.

A spokesperson for the group, Edwin Samati, yesterday said the group had sent the notice in November last year, but the Caprivi regional commander, Commissioner Bollen Sankwasa, had told them that the notice did not clearly spell out the purpose of the demonstration.

After reworking the notice, the group again took the notice to police, and Sankwasa allegedly said he would have to clear the matter with Inspector General Sabastian Ndeitunga.

Ndeitunga was reportedly then going to seek legal advice from the Attorney General Albert Kawana.

“We have not received anything from either Nampol or Honorable Kawana to this date after three months. All we need is a written response whether negative or positive. It appears that Honorable Kawana is deliberately sitting on our request,” Samati said.

But Kawana yesterday said he has not received any request from Ndeitunga for legal advices on the matter, saying the file might have been diverted to the Ministry of Justice or gone missing in the bureaucratic system.

“I have only three file in my capacity as attorney general and those were cleared,” Kawana said.

In April last year, Ndeitunga banned a planned demonstration by the group, then stating that “any pro-secessionist demonstration, whether peaceful or in any whatever form, will construed as supporting the secessionist ideology or the separation of Caprivi region from the rest of Namibia”. The minister of Information and Communication Technology Joël Kaapanda came out in support of Ndeitunga”s decision, saying the police chief had acted in the best interest of the state.

After having been cold-shouldered by the police in November, the group in December appealed to the President Hifikepunye Pohamba to intervene. The group intended to demonstrate on November 23, and postponed the march to November 30.

Samati said they wanted to hand over a petition to Caprivi Governor Lawrence Sampofu to demand a peaceful political solution to the Caprivi treason trail which is entering its 14th year, and they want to open the debate and made a call for a referendum on the political status of the Caprivi Strip.

Sakwasa could not be reached for comment yesterday.

General Ndeitunga yesterday said he had received a request for the demonstration, but that he still had to seek legal advice from the office of the attorney general and prosecutor general.

“What we need to know is that those people [the Concerned Group] are advocating for the same ideas as those who are in prison [the treason suspects]. I am consulting to see if these people should not also be jailed because there is no difference to what they are advocating for those who are on trail. My office won’t tolerate people to advocate the same thing. Maybe there are separatist force behind them,” Ndeitunga Said.

[This story was only published in the newspaper and not online (the Namibian newspaper website).]

Allow us to respond to a news article which was published in the Namibian newspaper of Friday 04 January 2013, titled “Treason trial death leaves family with questions”.

It was reported in the said article that “the family of the late Branson Kwala… are still looking for answers about the illness that claimed his life.” It was further reported in the same article that “… his family is still in the dark about the cause [our emphasis] of the condition that claimed his life.” This means that the doctor(s) who treated or operated him failed to explain to the family as to what exactly could have caused such a strange medical condition.

It was reported at his memorial service that his intestines were found torn and twisted when operated. Obviously, whatever damaged his intestines was consumed during his 13 years political detention because high treason prisoners have themselves been telling their families that they are served with food which is mixed with cement.

For your information, on April 13 2012, the Governor of Caprivi region, Hon. Lawrence Sampofu told four members of the Caprivi Concerned Group leadership, namely; Nalisa Muyahi, Edwin Samati, Aldrin Mahulilo, and Retief Kangongo directly that the only way to deal with secession is to kill all those with such an idea. In the same month, the Attorney General and Minister of Presidential Affairs, Hon. Albert Kawana told some Indunas in Caprivi that the Namibian government no longer have money to pay lawyers and to feed prisoners hence it will kill people with secessionist ideas (suspects).

Undoubtedly, both the Governor and the Minister made such pronouncements in their official capacity, during official working hours.

Reading between the lines, the death of Mr. Branson Kwala does not require rocket science to conclude that he was assassinated with poison by the Namibian government. Some intelligent political leaders like Mc Henry Venaani, Job Amupanda or Charles Siyauya may also reach this logical conclusion and we cannot expect government to admit at this stage.

We cannot reprimand Honorable Kawana and Honorable Sampofu for their official pronouncements because it will tantamount to shooting the messenger. However, their official statements should not be taken lightly.

Late Mr. Kwala may not be the first or last victim. May his soul rest in peace!

In this report we will give an overview of all major activities which we carried out from April 2012, whether successful or not. Real names of non – members of the concerned group will not be used herein (for security reasons). However, real names of public officials or political leaders and members of this concerned group will be used as such.

Caprivi Concerned Group (CCG) is not a political organization and holds no political ambitions of contesting in any sort of political elections. The concerns towards founding this organization are:

a) The length of the main Caprivi High treason trial

b) The mysterious deaths of high treason suspects

c) The livelihood of children and siblings of Caprivi High treason detainees, and detainees themselves

d) The Caprivian refugee or exile population and their livelihood too.

The intention of this report is to inform all members, supporters or sympathizers of CCG of what has been done at the leadership level so that they may identify our successes and failures in 2012, our first year of operation, and therefore make constructive and progressive recommendations or contributions of any sort.

2. Limitations

The following are the main challenges/limitations which we faced in our operations:

Lack of financial and material resources.

Lack of access to electronic mass (public) media such as public radio and television.

Fear (if not an orphan spirit) engraved into the hearts and minds of almost all Caprivians.

3. Major events or encounters

a) The disapproved peaceful demonstration of April 13 2012

Because the Constitution of Namibia plainly authorizes people to peaceful assemble and freely express their opinions, we believed that notifying the police is just a formality and way of seeking protection or security. Therefore, we wrote and submitted a notification letter to police on the 5th of April 2012 to peacefully demonstrate on Friday, 13 April 2012, unfortunately, it turned out that this notification letter became a requisition letter to which police can say yes or no.

On Thursday 12 April 2012, around 16h10 the Regional Commander called us to go for the response to the supposedly notification letter. Four of us, namely Nalisa Muyahi, Edwin Samati, Mr. Aldrin Mahulilo, and Mr. Lenox Lutambo went. In the Commissioner’s office there were six other people. Among them was the Deputy Regional Commander of Nampol and the NDF regional Commander of Caprivi, Mr. Majanga Liyali. Others were members of the Caprivi high treason investigation unit and state intelligence service.

We arrived earlier before the Inspector General’s response was received but its nature or content was already communicated to the regional commander. We did not wait for too long and a fax was received. This was the General’s response. A copy was made and one of us was given the letter to read aloud for everyone in the office to hear. It disapproved our request for a peaceful demonstration.

The regional commander then said that his force will be vigilant the following day, Friday 13 April and that he will not want to see any gathering. He told us to leave the office and we left.

We shared the bad news with others through SMS and FACEBOOK. When we went to the local radio station to make an announcement, a senior announcer Mr. Zecks Linosi told us that the issue we want to put on air required police authority. We pleaded with him and explained the whole situation but he could not help.

After introductions, the governor said they want to know the main motive behind the demonstration. We denied discussing the petition because the demonstration was denied. We told them that we see no good reason to discuss that with them because they are not the ones who disapproved the demonstration and they were not the ones petitioned. Hon. Sipapela indicated that, after understanding our motive, the Regional Council may take it up to Central Government, “after all a peaceful demonstration cannot be denied to people as long as it is peaceful as enshrined in the Constitution of Namibia” he said.

When we finally conceded to their persistent request (to discuss), they kept accusing us of being secessionists, especially Hon. Rafael Mbala. We repeatedly informed them that there is nowhere in the petition where it is stated that we want to secede Caprivi from Namibia. We said this several times but they surely did not change their perception maybe deliberately.

We told them that all we want is a political solution to the Caprivi political dispute and the Caprivi high treason trial. We also brought their attention to the number of deaths of high treason suspects, the suffering endured by the family members of those trapped in the high treason detention, the length of the trial which had already taken about thirteen years then, and the Caprivian refugee population of more than one thousand who are also dying in foreign land.

We explained that the dispute is solvable through a political dialogue and a referendum, and we should therefore not ignore it because of the social economic effects it has on the population of Caprivi.

They charged that we did not write the petition ourselves, that somebody wrote it for us! Hon. Regina Ndopu argued that there are very few people in Caprivi who are affected by the dispute or who would want Caprivi to be a Country on its own. We said that only a referendum can give us exact numbers to that conclusion.

Hon. Sibalatani even suggested that as concerned people we should have come with a copy of the 1964 SWAPO – CANU merger agreement because it is bone of contention in this dispute. This was supported by Hon. Sipapela. We did not respond to this contribution because Commissioner Sankwasa interjected by suggesting to the Governor (Hon. Sampofu) who chaired the meeting to excuse him and his team from the meeting because the discussion is getting more political than was intended. They were not excused.

Hon. Simushi suggested that we (the concerned) should help government to persuade those particularly in Dukwi refugee camp (Botswana) to come back home. We told him to first tell us what conditions those in Dukwi gave for them to come back. We advised that government of Namibia should look into political concerns of Caprivians in exile.

The governor then told us about the “Mushala Gang” in Zambia and how it was “wiped out”. He said that there is no way secession can be dealt with but to wipe out (to kill) all those with that idea. He went on to say (or warn) that maybe we (the concerned) have not seen blood or dead people, we should not think that when one is accidentally cut by a knife on the hand what comes out is blood, “that is not blood”, “I saw blood and dead people myself”. He also told us that he has a lot of experience of war as he served on several peace-keeping missions in Africa.

He lastly said we will be held responsible for the document (petition) but he does not know by whom and that in this case we will have to prove our innocence!

c) Public meeting of June 3 2012

Having being denied the right to express our opinion through a peaceful demonstration, followed by gross public misinformation about our main aims and objectives of the banned demonstration, we requested a public meeting to counter the false information distributed by state and SWAPO controlled newspapers.

Before this meeting, we were reliably informed that the Presidential Affairs Minister and Attorney General, Hon Albert Kawana and the Special Advisor to the Governor, Hon. Ignatius Nkunga went to Mafwe Traditional Authority at Chinchimani and asked if they aouthority knows anything about us. Our names and villages were read to the Khuta (District Indunas) to show that we come from the Mafwe area of jurisdiction.

Hon. Kawana told the Indunas that government of Namibia is no longer having money to pay lawyers and feed prisoners. Hence, Government of Namibia will shoot and kill anyone talking about the Caprivi political dispute. Hon. Nkunga said that high treason suspects were supposed to be freed in September 2012 but because of the demonstration it was reported that their case will only be finalized in January 2013!

However, the traditional authority told them that we indeed come from its area of jurisdiction but would not allow any gun shot on us or our villages but that our respective district khutas will summon and question us. District village Indunas were informed that they should warn theirs subjects not to associate themselves with us (the concerned) because if they do so they will be killed (not arrested) and their villages will be bombed. Against this background we found it vital to call for a public meeting so that we accurately inform the public about our main aims and objectives.

The public meeting was held on Sunday, 3rd of June 2012 in Ngweze Community Hall from 14h00 to 16h00. A keynote statement was given by Mr. Edwin Samati. The attendance of the public was not good enough because of numerous initial threats by Constituency Councilors, the Governor and the likes of Hon. Kawana. However, the Regional Commander, Commissioner Bollen Sankwasa attended the meeting.

Two crucial testimonies were heard, one from a former high treason prisoners Mr. Chinca (Chibakuta) and another from a son of Mr. Richard Mundia (a high treason suspect). Mr. Chinca gave his account of prison life and how he was falsely accused. Mr. Mundia’s son gave his account of how he is struggling with life in the absence of his father. Others gave their personal appeal to the government of Namibia to find a lasting political solution to both the high treason trial and the Caprivi political dispute.

Journalists from different institutions such as the Caprivi Vision newspaper and the Namibian Broadcasting Cooperation (NBC) were present. However, the Caprivi vision newspaper and the Namibian newspaper published a report about the event but NBC did not broadcast anything about the event. There were other cameramen whose institutions were not identified. We suspect that they were state security agents.

d) Open letter to the Prime Minister, Hon. Nahas Angula

Just four days after the public meeting, on the 7th of June 2012, then Prime Minister of Namibia, Hon. Nahas Angula was reported in the Namibian Sun newspaper saying that government of Namibia will only enter into dialogue with Mishake Muyongo if he denounces secession intentions of Caprivi region. Barely a week after, Mr. Muyongo responded by asking as to what subject would government of Namibia hold talks with him if not on the Caprivi political dispute. No word followed from government since then.

Our desire to see dialogue between these two political opponents triggered us to write and open letter to the Prime Minister to echo Mr. Muyongo’s question hopping that government would respond. The letter was published in the Caprivi vision, the Namibian Sun and informante in July 2012. To date, government has not responded to the question or the open letter.

e) Response to the London – Based Concern Caprivian

After the publication of the open letter to the Prime Minister, a concerned Caprivian “based in London” wrote a letter which was published in informante newspaper, to respond to us titled: Response to the concerned group of Caprivians.

In short, his letter implied that we are the mouth piece of Mr. Muyongo, that we were part of the 2nd August 1999 incidence, and that it is too late for peace and dialogue. We informed him that we do not ask or answer questions on behalf of any individual, political organization or tribe, that much of the issues relating to the 2nd August incidence he raised should be answered by UDP leadership once in a dialogue with government and that government of Namibia would equally answer questions posed by UDP.

Our response was also published in informante newspaper on 8 August 2012. He also counter responded but we found that he was very far from getting our point, maybe because of different geographical points of view (London and Caprivi!).

f) Meetings with all Caprivi traditional authorities

Having learnt that national leaders have negatively taken our issue to all traditional authorities in Caprivi, we also opted to visit traditional authorities so that they can hear directly from us. We approached the Mafwe Traditional Authority to set an appointment for a meeting but we were advised by the Ngambela (Prime Minister) Hon. Patrick Likukela to seek police authorization to hold such a meeting for the Khuta’s safety and security.

We requested such authority including escort from police and we got such authority but not police escort. We used the authorization letter to request meetings with all traditional authorities in Caprivi. Not all traditional authorities accepted to have a meeting with us. Those that did not accept us did not give any reason for the reject.

Those that allowed us to have a talk with them, we told them our main concerns, our fears, aims and objectives. We cannot give more details of these meetings but the feedback was basically that the traditional authorities have no hand in political issues; they did not reject or accept our concerns in totality but said they heard our concerns, and they are also concerned.

g) International Appeal

On the 24th of September 2012 we appealed to the the 67th UN General Assembly to explore the Caprivi high treason trial and Caprivi political dispute. We also called on attendants to encourage Namibian representatives in attendance to discontinue the Caprivi high treason trial, to unconditionally release all Caprivi high treason prisoners, and to seek a peaceful resolution to both the trial and the Caprivi political dispute in general. This appeal was sent to all ambassadors at UN representing all UN member states. A report about this appeal was also published in the Namibian newspaper on the 26th of September 2012.

h) Meetings with Sub – Khutas

After visiting main Khutas, we began to visit sub – khutas in various places. We visited a total of twelve khutas, namely Singalamwe, Malengalenga, Kanono, Linyanti, Muketela, Sachona, Lubuta, Lizauli, Namushasha, Kasheshe (Mbeha and Maulukupeka), Bito, and Makanga. Kaliyangile district khuta refused to meet with us. We received many invitations but we were largely affected by the availability of resources. However, this program will resume next year, 2013.

At Muketela and Lubuta, Indunas did not show up for the meeting even though they respectively confirmed twice a day before that they will be available for the meeting. We are convinced that they were intimidated by SWAPO leaders in those areas.

However, the meeting at Kanono was disrupted by Mr. Mazias Mubulaye Munsu who got very furious for reasons only known to him. He stopped Mr. Aldrin Mahulilo who was giving the main message (of the concerned) before he could finish presenting. He said we (the concerned) are causing confusion, supporting secessionists, and misleading people. He said he does not want people in Kanono to be arrested. At some stages he wanted to leave the meeting saying that when his SWAPO comrades will hear that he was present at the meeting they will say that he is part of the concerned but Mr. Pit Matengu kept on advising him to sit and listen. After a bitter exchange of words with Mr. Kangongo and Mr. Nalisa, he said he is a SWAPO party member dead or alive and everything that the SWAPO government does is well with him. He added that that SWAPO is poison to others but it is meat to him.

Learning that Mr. Munsu would not give any chance for the concerned to continue with the presentation of their case peacefully so that Indunas, and others who were present would then give their opinions, the Concerned decided to proceed to the next meeting on their program, namely Linyanti. However, Mr. Linus Kamwi was left desperate, unhappy and frustrated by the disruptive behavior of Mr. Munsu, even telling him that he is scared because he is one of the people who were falsely reporting high treason suspects.

With all other sub – khutas visited the feedback was positive in the sense that they said district Indunas were warned against any association with the Concerned Group but after listening from us (concerned), they said they did not hear anything wrong in the issues presented to them. They only warned us not to go wrong but to remain right. Some said that there is no way they can shy away from the issue of those in prison and those in exile because they have children either in prison or exile or both, and that they are burdened with many responsibilities in the absence of those in prison and exile.

Others said they were reminded of how they were abducted and interrogated on several occasions for several hours without food or water. Mr. Evans Simasiku was a regular name in all testimonies related to lengthy abductions or interrogations in search of high treason state witnesses, mostly siblings to testify against their brothers. Honestly, one can write a 300 pages book just about Mr. Simasiku.

At Makanga, an old man, Mr. Lawrence Lifasi told us how he was interrogated by the high treason investigation unit of which Mr. Evans Simasiku was part of. He said three AK47 riffles were pointed at him during one of interrogations; one pointed him in his mouth, another pointing his head from the left side and the third one from the right. He said he was deprived of both food and water during this interrogation.

In one of these meetings we were informed that there is a list of another group of Caprivians which is close 100 who are to be arrested for high treason at the end of the current high treason trial in connection with the 1999 armed attack. The person who told the gathering said that she has been used by SWAPO and its government in many ways and that she is aware of a list of people. Some of the people on the list were state witnesses in the main Caprivi high treason trial which is still dragging on.

One of the Indunas at Lizauli showed us his deformed index finger saying that it was hit by a bullet when the Special Field Forces of Namibia surrounded and fired several shots into his courtyard because they suspected that there were rebels inside. Still at Lizauli another Induna told us how he was unlawfully detained for several hours and kept at Mashi Khuta of Chief Tembwe Mayuni.

i) Meetings with other institutions

In September 2012 we approached the Pastors’ Forum of Caprivi region in writing to request a meeting with the forum. The chairperson of the forum, Mr. Limbindo requested an outline (sort of and agenda) of issues we intend to discuss with the forum. We provided the requested outline on the 22 September 2012 but we were later informed through an SMS that the board of the forum decided that the forum cannot discuss issues which are in the court of law and that our issues are more political in nature. They said they can only help in prayers.

On the 2nd of November 2012 we requested a meeting the Caprivi Regional Youth Forum but we did not receive any written response to date. The Chairperson of the Forum, Mr. John Ntemwa telephonically told Mr. Samati that the issues indicated in the requisition letter were very sensitive. However, Mr. Samati told him that there is a dire need for these issues to be debated in order to find a lasting solution. Mr. Ntemwa insisted on seeing us first before a response would be given but ours was to meet the forum not the chairperson alone. So we never met, but waiting for a written response to date.

A similar request was made in October 2012 to the Caprivi Regional Executive Committee of the Rally for Democracy and Progress. The RDP – REC of Caprivi was authorized by the national leadership of RDP to meet us. We were informed that some members of the REC had other commitments and could therefore not make it to the meeting. Some of those who were present were the Regional Secretary, Mr. Lister Sabuta and the Town Councilor of RDP at Katima Mulilo Town Council, Hon. Matongela Tapiso.

As usual we explained our main aims (concerns) and gave the opportunity to the RDP – REC to share their perspective of the issues we raised. They had no objection to our concerns stating that the same issues are affecting some of them and many of the RDP membership in Caprivi. They indicated that where necessary they will be available for participation in some of the concerned group’s activities. They also said that they will not bar their members from supporting the group.

We also met the Vice President of the newly revived Caprivi African National Union (CANU), Mr. Baxter Kulobone in October 2012. We had met Mr. Benson Kaapala in April 2012 already. Mr. Kulobone said he was sent by the party leadership to meet us. He explained the aims and objectives of CANU, the progress so far, and then advised us to look beyond tribal lines. We did likewise and also told him how much we are still trying to include all tribes, and how difficult it is to impose a concern on one who is not concerned. We also met the Secretary General of the party (CANU) Mr. Robert Sililo on the 28th of December 2012, who also updated us on the progress and future plans of his party. We did likewise.

We submitted a request for meeting the Caprivi Regional Executive Committee of SWAPO on the 2nd of November 2012 but they have not yet responded. Often times when we inquired we were told that the SWAPO regional leadership was busy with campaigns and preparations of national SWAPO 5th ordinary congress. After the congress, on Thursday 13 December 2012 we found the Caprivi regional coordinator of SWAPO, Mr. Linus Mafale in his office. He told us that he forwarded our request to the SWAPO National headquarter in Windhoek for direction. He said he cannot decide such nature of requests but rather be directed by his superiors and if we meet, the minutes will be taken and sent to Windhoek. We told him that we will keep on waiting.

j) The second intended peaceful demonstration

We requested a peaceful demonstration on Friday, 9th of November 2012 which was supposed to be held on the 23rd of November 2012. The Regional Commander of Caprivi region, Commissioner Bollen Sankwasa, told us that the Inspector General, Leut. Gen. Sabastian Ndeitunga could not understand the main aim of the requested demonstration in the notification letter. We edited the letter, particularly the main aim of the intended peaceful demonstration and indicated that we want to call for a peaceful political solution to both the Caprivi High treason and Caprivi political dispute. We changed the demonstration date to Friday, 30 November 2012.

On Tuesday, 27 November 2012 we were informed by the regional commander that the Inspector General was still waiting for a legal advice from the Attorney General, Dr. Albert Kawana.

In Newera newspaper of Friday 14 December 2012, we expressed our dissatisfaction and regret against Nampol in the manner they are handling our demonstration request and called for the intervention of President Hifikepunye Pohamba. However, the regional commander called on us to be patient because the General is still waiting for a legal advice and promised that the feedback will be soon provided. We have not received the feedback to date.

4. Security issues

Some of us have been receiving strange phone calls from unknown individuals. State intelligence vehicles happen to pass by our places (homes) often times. Our phone calls are often not clear enough because of irritating beeping sounds or very low volume and at times echoes of oneself.

When we were at Kanono an Isuzu vehicle usually used by CIDs came and parked about 200 meters away from where we held the authorized meeting with Indunas. There vehicle also followed us to Linyanti but could not be seen near the meeting place at Linyanti. We also learnt of an infiltration of malicious state agents in our group who have dropped out along the way for failing get anything to incriminate us. We therefore stopped expanding the leadership committee even though we have nothing to do with anything wrong.

5. Conclusion

We take this opportunity to thank all those who helped us in our revolution through donations, advices and even publication. May God abundantly bless you in the year 2013. We look forward to your continued support next year. Comments or recommendations can be sent to our email address shown as the footnote.

We would also like to recommend civil organizations and opposition parties in Namibia to publicly advise the Namibian government to enter into dialogue with the United Democratic Party (UDP), and to release all Caprivi political prisoners.

Lastly, we recommend that the United Nations should consider the suffering of Caprivians in prison, exile and at home and therefore pass a resolution to peacefully settle the Caprivi political dispute between the government of Namibia and the United Democratic Party.

67thUN General Assembly should comprehensively scrutinize Namibia on Caprivi high treason trial and Caprivi political dispute

Caprivi Concerned Group Leadership

24 September 2012

While the 67th UN General Assembly is in session in New York, we would like to appeal to the 192 member states (or their delegates) and all other participants to explore the Caprivi high treason trial and Caprivi political dispute. Namibian representatives in attendance must be encouraged to discontinue the Caprivi high treason trial, to unconditionally release all Caprivi high treason prisoners, and to seek a peaceful resolution to both the trial and the Caprivi political dispute in general.

Namibia is the only Country in Southern Africa currently having the largest number of political prisoners and the longest on-going high treason trial in Southern African history. Caprivi is the only place administered by the Namibian government that has about two thousand political refugees around the world. If there is any other, Namibia is one of Southern African countries whose government banned a peaceful political organization in this post apartheid era. To date, the political party is banned.

Caprivi political prisoners are all Caprivi high treason suspects and all those convicted of high treason charges in connection with the 1999 Caprivi armed uprising while Caprivi political refugees refer to all people of Caprivi who are displaced across the world as a result of the Caprivi political dispute.

Despite that every five years a Government is elected by people in Namibia; these Governments have successively ignored a political dispute regarding Caprivi Strip (now Caprivi region). These governments (the former and the current) have never attempted to peacefully solve the dispute regardless of its social and economic effects on the Government itself, and the Caprivian population. Our understanding is that the laymen on street (like us) cannot solve complex national political problems; hence it is the duty and responsibility of an elected Government to deal with national issues bravely no matter the odds.
The Caprivi political dispute is a case where the United Democratic Party (UDP) led by Mr. Albert Mishake Muyongo which represents most Caprivians argues that the Namibian government is administering Caprivi by force, that Caprivi is historically and politically an independent state/country. Put simple, it is a case of alleged forced occupation.

The Caprivi high treason trial has taken about ten (10) years while the over a hundred political prisoners have spent about thirteen (13) years in detention before the conclusion of the trial. About twenty two (22) of these prisoners have died while in prison, the latest death was recorded on the 3rd of September 2012.

The Caprivi high treason trial is a marathon trial of people suspected of having planned and attacked with arms in Caprivi on the 2nd of August 1999 to defend their believed country “Caprivi Strip” from the Namibian regime. These suspects were charged with high treason and the trial only began in 2003 after three years of detention. This trial is still on – going today.

We know that Namibia became a State party to the 1949 Geneva Convention I-IV in 1991 shortly after independence. On the 17th of June 1994, it became a member state to both the 1977 Geneva Protocol I and II. It became a State party to the Rome Statute of the International Criminal Court on 26 June 2002. You may doubt, but it ratified or acceded to the International covenant on civil and political rights (ICCPR) on 28 February 1995, and the African Charter on Human and People’s Rights on 30 July 1992.

The situations highlighted earlier are totally contrary to the supposedly democratic and stability image of the Namibian government which signed several international peace and security protocols. The manner in which the Namibian government is handling the Caprivi high treason case and the political dispute is very arrogant. Both the treason trial and the dispute has been vengefully made infinity by the government of Namibia. This is mockery to the principles of liberty and democracy which are supposed to be the foundation and pillars of the Namibian constitutional government and the Namibian society at large.

It may be unrecognizable in New York, but in Windhoek Central prison Caprivi political prisoners are enduring so much physical, social, economic, and psychological torture of which their families at home are traumatized. The Caprivi exiles endure the same experience as those in prison.

Most of the deceased Caprivi political prisoners reportedly died of liver cancer. We assume that government of Namibia poisoned our parents and should therefore refute this assumption by forensic evidence. We have learnt that four people are current sick while in custody and one of them is admitted in the hospital. In the last two months we received two corpses from prison.

Concerned about these situations and hardships in which our fellow Caprivians find themselves, on the 10th of April 2012 we, the Caprivi Concerned Group (CCG) aka “Concerned Caprivians” requested a peaceful demonstration from the Namibian Police for the 13th of April 2012 where we intended to deliver a petition that demands (among others):

1) A Political dialogue between leadership of the United Democratic Party (UDP) and the Namibian Government

2) An Unconditional release of all Caprivi political prisoners

3) A referendum on the Caprivi political dispute

However, though we never at any point in our petition or any other platform stated that we want to secede Caprivi from Namibia, the Leut. Gen. Sabastian Ndeitunga of the Namibia police denied us to do so suggesting and warning that “any pro-secessionist demonstration whether peaceful or in any whatever form will be construed as supporting the secessionist ideology or the separation of Caprivi Region from the rest of the Republic of Namibia. Hence, the request of the Organizing Committee members based on the aforesaid provision of the Constitution of the Republic of Namibia to demonstrate in this regard cannot be approved.”

In real sense, this was a threat of high treason charges towards us. We further received death threats from state machineries in Caprivi for planning to peacefully protest. We felt greatly reduced from complete human beings to little creatures which must beg but never granted even the least human right or fundamental freedom in Namibia. We find it hard to understand why our rights are too limited than others under the same Government.

Government threats, emanating from simply requesting a peaceful demonstration, towards us were widely published by state media houses. We were not surprised that very few people attended our 3rd June 2012 public meeting where we delivered a statement in which we echoed our call for a political solution to the Caprivi political dispute, an unconditional release of all Caprivi political prisoners, and a referendum. State security agents attended the meeting and were among the public. This created a threatening environment such that some concerned members of the public left and some could surely not enter the venue upon recognizing these agents from as far as the entry.

On the 7th of June 2012 the Prime Minister of Namibia, Nahas Angula was reported in a local newspaper of having said that Government of Namibia will only have talks with Mishake Muyongo of UDP if he (Muyongo) denounces secession plans of Caprivi. Mishake Muyongo, the president of UDP then asked what Government of Namibia wishes to discuss with him if not about the independence of Caprivi. We appreciated the responses and even identified these responses as the beginning of the much needed political dialogue that will finally find a permanent political solution.

After patiently waiting for a response from the Namibian Government or the Prime Minister himself to Muyongo’s question but to no avail, our unshakable desire to see dialogue between the two rival parties compelled us to write an open letter to the Prime Minister which was emailed direct to him by the Director of Namrights, (on our behalf) and was published in at least two newspapers to request clarity on the given condition as to what subject would Government of Namibia hold talks with Muyongo if not secession. The letter was published on the 27th of July 2012 but to date we have heard no single word from the Prime Minister or Government.

It seems they possibly undermine us, and they do not care about us and all victims of the Caprivi political situation. Of course we do not expect Government of Namibia to take us seriously because we are ordinary men and women who do not pose any military/violent threat to them, and who at the same time do not have silver or gold. Perhaps responding to us is a privilege and we may definitely not get it since we were denied even the right to peacefully assemble. Our peaceful and humble conduct this far must not be mistaken for a weakness but be seen as a virtuous garment in a troubled nation where the weak would dare to be violent.

Some of us, leaders and members of this group (CCG), are on security surveillance. It must be noted that we are not enemies of the Namibian Government and it (Government) is not our enemy either. We are simply concerned people of Caprivi who would want to see the Namibian government amicably solving its own long pending political dispute that has left the Caprivian population in dismay.

Surely the standing of the Namibian government in the international binoculars should be ambiguous and at shameful when assessed in terms of human and peoples’ rights, justice, political leadership, and the competitiveness to part-take in global or continental conflict resolutions.

We are not the first to call for a political solution to the Caprivi high treason trial. In 2005 the National Society for Human Rights (now NAMRIGHTS) called upon the Namibian Government to opt for a comprehensive negotiated settlement of the Caprivi conflict: “The ongoing marathon high treason trial against the more than 130 alleged Caprivi secessionists is alone unlikely to bring about a sustainable resolution of the dispute. Rather, the trial is aimed at bringing about a judicial answer to what is unmistakably a political question. Moreover, the trial is likely to result in long-term imprisonment and martyrdom, as well as deepened hatred and trauma on the part of the alleged secessionists, their families and their tribesmen for many years to come.”

We are aware that most African leaders habitually wait for foreign solutions to their own African problems and latter claim to have or to implement an African solution when it is too late.

Nevertheless, of recent we have approached several significant individuals and institutions or organizations in Caprivi, including SWAPO some leaders in Caprivi and we are inspired to discover that most of them are similarly concerned about the political dispute and the high treason trial as we do, but they either feel unsecured, less empowered or over-powered by the political muscles of Government, or have no distinct platform to lay their thoughts and feelings about the dispute.

We are also pleased with arguments of Defence lawyers of Caprivi high treason suspects from September 3, 2012 for the discharge of their clients based mainly on the facts that, among others:

Most high treason suspects were severely tortured upon their arrests

Many of these suspects were forced to sign for or give (false) confessions

Many state witnesses were abducted and tortured to give or sign for, false incriminating statements

The trial has taken unreasonably too long

There is no sufficient evidence against their clients

Caprivi high treason charges were largely politically motivated

These arguments surely need international acknowledgment and support because they are not only objective but also scientifically factual. They are undisputable. It is not coincidental that these arguments are also our observations which highly inspired us to attempt a peaceful demonstration, to hold public meeting on June 3 2012 in Katima Mulilo, and to continue calling for an unconditional release of all Caprivi political prisoners and ultimate peaceful settlement of the Caprivi political dispute.

The constitutional basis of our call is in the rights and freedoms Chapter 3 of the Namibian Constitution which includes:

The right to freedom of speech and expression.

The right to freedom of thought, conscience and belief.

That the dignity of all persons shall be inviolable.

That in any judicial proceedings respect for human dignity shall be guaranteed.

That no persons shall be subject to torture or to cruel, inhuman or degrading treatment or punishment.

That a trial shall take place within a reasonable time, failing which the accused shall be released.

That all persons charged with an offence shall be presumed innocent until proven guilty according to law.

We therefore appreciate the Defence lawyers’ effort to fight for the rights of our parents, brothers and family men but we would like them to realize and then educate the high treason prosecution team that there can be no justice at the end if there was injustice at the beginning and unfairness along the way.

There seem to be a very thin barrier between moral duty and a duty for money in this case. Lawyers must not only fix their eyes on money for defending but also exert the highest moral value to prevent the ambiguous and unfair trial from continuing. They must immediately evaluate their participation in the trial that has itself become a crime against humanity.

Despite that, we share the same understanding with Defence lawyers that:

The state’s case was lost in 1999 when our parents (the suspects) were tortured to extents of suffering broken jaws, broken and fractured ribs, joints dislocations, fainting, permanent scars, and torture-related deaths.

Fairness of the trial decayed down to below 40% as the state investigation team abducted and tortured witnesses forcing them to give or sign false statements against suspects, some of whom were even repatriates from exile, others very close relatives to suspects.

The state’s case faded away with time given the unreasonable duration of the trial such that suspects have spent about thirteen years in detention before the conclusion of the trial, and that about 22 of them have already died before they were found guilty or not guilty.

It should be interpreted as double standard if the international community will at the disposal of this comprehensive account of the Caprivi high treason trial and the dispute, leave Namibian government untouched. If ever the Caprivian problems were in a blind spot, surely it has come before you.

It is therefore, our view that international human rights organizations, including keen countries and individuals who have been observers of this devilish trial against Caprivians must step up from observers to saviors.

What puzzles us most is that the Namibian government which is a member of the UN, the Common Wealth, AU, and SADC, which signed several international/regional peace and security protocols, even sending peace keepers to the Democratic Republic of Congo, Somalia, etc, and with a greater peace obligation upon people of Namibia or the world, does not want to enter a peaceful conflict resolution dialogue with the UDP leadership despite the magnitude and length of the political dispute, while the UDP leadership which may not be popular on the international stage and may have been portrayed as a violent movement is willing to enter into such a dialogue.

Amazingly, Namibia is one of the countries advocating for the rights and wrongs of the Palestinian people while it at the same time have a similar challenge back home which it does not want to peacefully entertain.

Against the given background of our case, taking note of the fact that 1) about seventeen (17) Caprivi political prisoners have no legal representation to date, and 2) having called, together with others, on Government of Namibia to seek an out of court political settlement since April this year but to no avail, 3) since the only avenue left before us for help is the international community;

We call upon international legal and political forces as Governments and non-governmental organizations, and/or individuals to urgently intervene in the Caprivi political dispute and the high treason trial by:

Advising or compelling the Government of Namibia to immediately discontinue the Caprivi high treason trial, and to unconditionally release all Caprivi political (high treason) prisoners,

Creating a fair political platform for, and compel the Namibian Government into, a political dialogue with the UDP leadership to find an ultimate peaceful political solution to the Caprivi political dispute, or

Recalling the Namibian ambassadors and commissioners from your respective Countries, and significant international conferences.

The Caprivi political dispute and the high treason trial in particular definitely need your urgent voluntary intervention to defend both human or people’s rights and lives. We must make the world a better place for all no matter how far or near, whether black or white, nor rich or poor.

Speak Up!

Campaign for Financial Support-Caprivi Strip Case

Imagine spending every moment of your life in constant fear. Fear of harassment, fear of being arrested, fear of torture, or even death. Your entire adulthood or even your entire lifetime spent worrying whether today will be your last day. This is what countless Caprivians have suffered over the last 20 years at the hands of the Namibian regime. Some Caprivians remained in their home country while others fled to Botswana and surrounding countries. The heartache for all involved has ripped entire families apart.

Our numerous attempts to bring freedom and independence of the Caprivi people from the Namibian government were unanswered, no more important than the trash on the street. We will go unheard no longer. We have found a lawyer that is ready to make our voices heard and make others take notice of the heinous crimes that have taken place. We are put forth on this mission under the United Democratic Party on behalf of the entire population of Caprivi people.

Our lawyer is ready and willing to move forward, however, we are lacking the necessary funding to follow through with the numerous procedures and court hearings needed to take the Caprivi Strip Case to the International Court of Justice. It is out of necessity that we are asking for help in funding our court case. Thousands have suffered, are suffering and they deserve justice. The money that we are requesting is solely to present the Caprivi Strip Case to the International Court of Justice. Please do not let the opportunity to help fall by the wayside.